Vote Smart's Synopsis:

Vote to pass a bill that Prohibits the Extradition of an Individual Charged with Violating Another State's Law that Criminalizes Gender-affirming Health Care.

Highlights:

• Prohibits any state health care provider, service plan provider, or contracter from complying with another state’s law and related civil or criminal actions or subpoenas that would require them to send sensitive information and medical information regarding a child receiving or being allowed to receive gender-affirming health care (Sec. 1).

• Prohibits law enforcement from participating in or assisting in the arrest of an individual in compliance with a warrant issued under another state’s law that prohibits a child from receiving gender affirming health care and/or prohibits anyone from allowing a child to receive gender-affirming health care (Sec. 9 & 11).

• Prohibits the extradition of an individual charged with violating another state’s law that criminalizes allowing a person to receive or provide gender-affirming health care (Sec. 11).

• Prohibits any individual from filing a subpoena in the state on the basis of a foreign/out-of-state subpoena that would require any individual or entity to disclose sensitive medical information or if the foreign subpoena is as a result of violating another state’s law that restricts an individual’s right to receive gender-affirming health care (Secs. 2 & 3).

• Prohibits a state court from allowing child custody proceedings to be transferred to and take place in another state that limits the ability of a parent to allow or provide gender-affirming health care or gender-affirming mental health care to their child and requires custody transfer of the child on the basis of allowing or providing this care (Sec. 6).

• Prohibits a state court from enforcing the law of any other state that requires a child to be removed from their parent or guardian because the child was allowed to receive gender-affirming health care (Sec. 8).

• Requires a state court to have jurisdiction in making an initial child custody determination so long as any of the following requirements are met (Sec. 4):

• The child is a resident of the state during the commencement of the custody proceeding, or was a resident within the previous 6 months and maintained a legal guardian in the state;

• The court of the home state does not have or refuses to exercise jurisdiction on the grounds that California is the more appropriate location for the proceedings;

• All other courts having jurisdiction refuse to exercise jurisdiction on the same grounds; or

• No court has clear jurisdiction over the child.

• Specifies that the presence of a child in the state for the purpose of receiving gender-affirming health care is sufficient to make the state the more appropriate location for child custody proceedings than certain other states, given the previously listed provisions (Sec. 4).

• Requires the relevant California state court to have temporary emergency jurisdiction if a child is present in the state and has been abandoned or is in need of protection because the child, sibling, or guardian is subjected to or threatened with mistreatment or abuse, or because the child is being restricted from receiving gender-affirming health care or gender-affirming mental health care (Sec. 5).

• Requires that all the provisions of this law are severable and are taken separately, and that no provision can be deemed invalid solely because another provision was found invalid (Sec. 12).

Full Bill Text